This year again the number of applications filed exceeded the 65,000 visas available and USCIS have issued new rules in an attempt to level the playing field. In years when USCIS receives more applications than there are visas available, they will implement a random selection process for petitions. Petitions that are filed during the first five business days of the H-1B filing period will be included in this selection process. An additional 20,000 visas are available for applicants with an advanced degree. It is expected that the number of applicants for these visas will exceed the cap also.

In spite of the slowdown in the economy many companies are having difficulty getting skilled workers. Because the demand for H-1B visas exceeds the number of visas available some companies are using L visas to fill their labor needs. This visa allows companies to bring in skilled workers who have already been hired in their overseas office. The advantage of this program is that there is no cap on the number of visas issued. However, critics point out that unlike the H-1B which requires the employer to pay the prevailing wage for the position the L visa allows the employer to pay the worker what they would be paid in their home country.

Applications for new H-1B visas must be submitted during the first week of April each year for those who want to start work on October 1st of that year. Unless Congress acts to increase the number of available visas there will be no opportunity to apply for an H-1B until next April for those who have missed this year’s deadline!

Full information on the new rules for the H-1B is available on the USCIS website.